Help with Virgin Claim going to Court

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  • waamo
    waamo Posts: 10,298 Forumite
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    Just to be pedantic try asking for an estimate rather than a quote. You may have more joy.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    Just put a crude estimate for what it would cost to put right, for the purpose of issuing your claim.

    You do not need to have any evidence at this stage of the process. You could always get an expert involved or a more formal quote at a later stage, if Virgin do not settle the case.

    You do however need to put an upper number on the value of your claim. And do claim interest on it - interest running from the date the damage was done.

    The judge won't be remotely interested in the pre-action process - the judge will simply be interested in whether your claim is valid or not.

    VM don't require a copy of anything. The court will serve the claim on VM once you issue it.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    That's good to know. I've posted a quote request on mybuilder.com. Let's hope they get back to me with written quotes via email. I'll also call a few places tomorrow.

    Really appreciate your help.
  • waamo
    waamo Posts: 10,298 Forumite
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    halifaxmortgage wrote: »
    That's good to know. I've posted a quote request on mybuilder.com. Let's hope they get back to me with written quotes via email. I'll also call a few places tomorrow.

    Really appreciate your help.

    Estimate! You don't seem to able to get a quote. They are very different things and do have a different meaning in law.
  • robatwork
    robatwork Posts: 7,089 Forumite
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    I'm afraid you're in a bit of a cake-and-eat-it situation.

    You want to take VM to court, but also want to continue your relationship with them.

    I think you will have a big problem with the judge if you don't have some quantifiable losses ie. a quote or 3 estimates.

    You'll be arguing in court how awful VM are, while acknowledging they give you a great service. Not impossible, but shaky ground. If you don't get some quotes or estimates you may be wasting your energy. Would a BT connection at 80Mb really not download everything you could realistically need for a home connection?
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    waamo - Estimate it is :)

    robatwork - Providing an on-going stable broadband/phone/tv service is different from a one-off physical installation IMHO. If they were both the same thing then CISAS would take on the role of resolving installation issues too.

    The way I see it is that the judge should be assessing:-
    1. Has the customer informed the company of the damage?
    2. If so, have virgin responded?
    3. What has the customer/company done to resolve their issues?

    From my point-of-view: I've contacted VM, CISAS, Trading Standards, Citizens Advice Bureau. I've also threatened them with legal action and within the letter offered them to repair the damage or use the alternative dispute resolution to bring the matter to a close.

    From VM's point-of-view: They've not sent anyone out to assess the damage, they've deadlocked the complaint on two occasions and simply keep referring me back to CISAS, whom have written an email stating they only resolve service issues and do not resolve property damages.

    In case your wondering what CISAS wrote in their email, here it is

    "Thank you for your telephone call. Unfortunately property damage does not fall within the scope of our scheme and so we would be unable to accept your application if it is solely relating to the issue of property damage. You are welcome to bring your case to us if for example customer service is an element of your claim, however, the property damage element would not be looked into. Trading standards would be the forum we suggest you get in touch with regarding property damage issues. Their number is 03454040506."
  • pmduk
    pmduk Posts: 10,655 Forumite
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    In these cash-strapped times, Trading Standards are loath to get involved in individual cases.

    Other than suing their contractors direct I'm not sure who to pursue. I rather suspect VM will join them in any litigation anyhow as I suspect their contract with VM indemnifies them from causing VM any damages.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    pmduk - I agree - hence my reason for going down the court route.

    steampowered - I am very sorry for not seeing your post earlier. You see, I was thinking the same thing that although estimates/quotes are important, in my case I can't see how a judge could insist that I provide estimates/quotes for removing and replacing something that is the property of VM. However I have made contact with one builder/landscaper whom may pop down next week to give me a quote. Let's hope he agrees to a written estimate, otherwise I'm back to square one. If I still don't succeed, then I might take a gamble and pay the court fees and pray for the best.
  • halifaxmortgage
    halifaxmortgage Posts: 166 Forumite
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    edited 16 October 2018 at 6:53PM
    Evening everyone. I have got a quick update. So far, I've only had one guy provide a single estimate and it's quite a bit less than what I originally requested in my "Letter Before Action". However it does not include the costs connection/disconnection or adjusting of the VM cable, which the guy said he could not due for reasons previously mentioned.
    • Am I now supposed to resend the Action letter to them with a different quote?
    • If not, do I have to make an adjustment to my original amount on the Moneyclaims website or do I stick to it and explain the issue to a judge?
  • waamo
    waamo Posts: 10,298 Forumite
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    No. The LBA sets out your position and they are free to dispute it. Ignoring it is not disputing it.

    Put the value of the estimate as your claim.

    You are good to go.
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